"Half a month after the Appellant and the developer signed the Parking Space Subscription Letter, the Appellee registered the mortgage for the parking spaces involved in this case. The Parking Space Subscription Letter is an expression of the true intentions of both parties, which should be legal and valid, and the real estate developer should transfer the ownership of the parking space to the appellant in accordance with the agreement, but the real estate developer only delivered the parking space and did not perform the property rights transfer procedures. The appellant's failure to obtain the property right of the parking space was caused by the developer's breach of contract, and the appellant was not at fault.

The Appellant has actually occupied and used the parking space, and the real estate developer can obtain the complete ownership of the parking space as long as the real estate developer transfers the ownership of the parking space in accordance with the Parking Space Subscription Agreement.

The transaction between the two parties to buy and sell parking spaces is in line with the customary practice of first delivery and then registration in the sale and purchase of houses and parking spaces in China. It can be seen from this that what the appellant enjoys is no longer a creditor's right, but should be approximately complete ownership of the property right.

The Property Law stipulates that registration is a requirement for the effectiveness of immovable property rights. Article 142 of the Property Law stipulates that 'the ownership of buildings, structures and ancillary facilities built by the owner of the right to use construction land belongs to the owner of the right to use the construction land, unless there is evidence to the contrary.' ’

In judicial practice, the developer regards the pre-sale of the developed commercial housing to others as one of the proviso circumstances stipulated in Article 142 of the Property Law, which actually recognizes that the buyer of the commercial housing can also become the owner before the registration of the immovable property, which is an exception to the doctrine of effective registration.

In this case, the appellant's rights to the parking space in question obtained de facto ownership due to payment and delivery, and had a certain degree of publicity.

According to the principle of priority of real rights over creditor's rights, the appellant's rights in respect of the parking spaces involved in this case should be protected over general creditor's rights, and the appellant's actual possession of the parking spaces has the effect of publicity on the mortgage rights created later, and the appellee has a duty of care for the appellant's rights.

3. The parking spaces involved in the case are necessary supporting facilities for commercial housing that the law clearly stipulates to meet the residential needs of the owners of the community. Although the parking space was registered in the name of the real estate developer, the Appellee still had a statutory obligation to review the actual status of the parking space when creating the mortgage.

According to the documents submitted by the Appellee, the current status of the parking spaces involved in the case at the time of the mortgage was that 'the garages were all in use'.

The Appellee was well aware that the parking space involved in the case was under the possession and use of the owner of the community and that there was a possibility that the parking space had the rights of others, but did not further investigate whether the parking space had been sold or whether there were other rights holders, resulting in a conflict between the rights of the Appellant and the Appellee in this case, which can be seen that the Appellee failed to fulfill the necessary duty of care.

4. The Appellee erred in asserting that the Appellant was at fault when he signed the Parking Space Subscription Letter, knowing that a mortgage had been placed on the parking space in question.

The Appellant argued that there was indeed a mortgage of an outsider at the time of its purchase of the parking space, but the mortgage was not related to the Appellee's mortgage and had been cancelled before the Appellee created the mortgage, so the Appellee's claim had no legal basis.

In summary, although the Appellee had a mortgage on the parking space involved in this case, which was effective against a third party, the Appellant had actually taken possession of the parking space and paid the full price before the parking space was mortgaged, and was not at fault for failing to register the property rights. The Appellee was at fault for failing to exercise the necessary duty of care when creating the mortgage later.

Therefore, the Appellant has a legitimate interest in excluding the enforcement of the Appellee's mortgage right in respect of the parking spaces involved in this case. The court is requested to revoke the first-instance judgment and change the judgment in accordance with law.

That's it. Fang Yi said.

Just now, when the judge asked the old lawyer a question, Fang Yi has not been idle, the pen in his hand has been writing non-stop, his fingers are hurting, he is revising his statement according to the trial situation, several A4 papers are full of his writing, and this is the final statement.

"Appellant, submit an opinion in court." The male judge said.

The content of Fang Yi's statement was a bit much, and the male judge knew that the clerk must not have recorded it, so he asked Fang Yi to submit an agency opinion in court.

……

After walking out of the high court, Fang Yi called Lu Meifeng and told her about the trial, and on the whole she was quite optimistic, and after Fang Yi comforted her a few words, she hung up the phone.

Seeing that the time was already more than twelve o'clock, a court had been open all morning, Fang Yi walked into a small restaurant in the distance hungry and asked for a rice bowl.

After lunch, Fang Yi, who wanted to take a long-distance bus back to the county, suddenly received a call from Li Shuming, saying that there was a case introduced to him, Fang Yi hurriedly got out of the long-distance station and got on the bus at the roadside station.

"Shuming, what case?" Fang Yi walked into the office of Brilliant Li Shuming and asked as soon as he entered the door.

"I said Lao Fang, I found that you have changed." Li Shuming pretended to be dissatisfied.

"Changed? What has changed? Fang Yi was confused.

"You're getting more and more serious about your crimes! I told you to come over for lunch, but if you don't, I'll tell you there's a case, and you're faster than a rabbit. Li Shuming sneered.

"Big brother! It's almost one o'clock after I'm out of court, and I'm hungry and my heart is on my back, if I come to you for dinner, it is estimated that there will be a news in the newspaper early tomorrow morning: Fang Mou, a lawyer in our province, is hungry and faint on the way to dinner. Shame on you! Fang Yi raised his right hand to cover his face, pretending to be embarrassed.

"Hahaha, don't come with me. Today you have to take a leave of absence and go back after dinner in the evening. Li Shuming said with enough laughter.

"Okay, no problem, I'll call the director immediately to ask for leave, and I'll know that you frame me." Fang Yi smiled.

Li Shuming put away his smile and said, "Don't joke with you, there is really a case." One of my managers, surnamed Du, was arrested two months ago.

He kept it a secret, and when I saw that he was at work, I found out that something had happened to his father. He knew that I had a wide range of ways and asked me to help him find a lawyer, and I remembered you. ”

"Caught? What crime? Fang Yi lowered his shoulders as he said and sat on the sofa.

When he came to the city for a trial, because he had to bring a lot of things, Fang Yi would carry it on his shoulders and would not carry a briefcase.

"It seems to be extortion, and I don't know the specifics. I'll have someone call him in a moment, and you'll find out if you ask.

Xiao Du has a good brain, quite capable, the manager who was just promoted last year, he has an accident at home and has no intention of working, which is not good for brilliance, so I want to help him. After speaking, Li Shuming took out his mobile phone and sent a WeChat.

After a while, a handsome boy in his twenties who looked a little similar to Chen Mouxi walked in quickly: "Mr. Li, you are looking for me." ”

(End of chapter)